Can Social Networking Get Us Sued?

How to safeguard your church staff’s use of popular communication tools.

ChurchLawandTax.com

Can Social Networking Get Us Sued?

How to safeguard your church staff’s use of popular communication tools.

Like the rest of the world, many churches are turning to social networking sites like Facebook, MySpace, and Twitter to connect with people and promote outreaches and other church programs. And that’s what these tools were designed for—easy mass communication and media sharing. While this is a creative way to do business and connect with people inside and outside the church, using these social networks could cause some liability problems for your church if you do not set up the appropriate policies and monitoring procedures.

Public sites offer little security

There’s virtually no privacy for your staff when they use a social networking site. Anything posted online is available worldwide and never dies, even after a user deletes it. Even if you restrict the privacy settings or the page is password protected, there are ways to get into that document. Facebook, for example, retains copies of these according to its “Terms of Use Agreement.” Social networking sites are public and permanent, which means anything from them may cause you future harm.

The New York Times reported a case where jurors were mining information about the defendant online. After one juror confessed to this, the judge discovered eight of the other jurors were also looking the defendant up online. The judge declared the case a mistrial.

It’s easy to collect information on people these days. If your staff is going to talk about anything work-related on any webpage, that posting may create problems for your church, and, in some cases, a liability for your church. As a result, your church probably wants to avoid responsibility for everything they say. The best way to avoid liability for staff members’ postings to social media is to require them to agree that all postings will comply with the church’s terms and conditions for social networking by its staff members. In addition to there being little to no privacy on these sites, information spreads easily—social networking can be a breeding ground for rumors and gossip. This is just another reason why your staff should agree to a social networking policy that includes a disclaimer for your church.

Frank Sommerville is a shareholder in the law firm of Weycer, Kaplan, Pulaski & Zuber, P.C. in Houston and Dallas, Texas. He serves as an editorial advisor on Church Law & Tax Report and Church Finance Today.

This article is excerpted from the downloadable resource Using Social Media Safely.

Frank Sommerville is a both a CPA and attorney, and a longtime Editorial Advisor for Church Law & Tax.

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.

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